Criminal Law and Criminal Procedure
Core concepts
Criminal law defines offences and sanctions. Key principles include legality (nullum crimen sine lege), culpability, and proportionality of penalties. Offences require a typical act (actus reus) and mens rea (intent or negligence). Attempt, complicity and concurrence of offences are tested. Defences include self-defence, necessity, minority and mental incapacity.
Criminal procedure governs investigation, accusation, trial and appeal. The Public Prosecutor's Office leads the investigation; the judge decides on pre-trial detention and guarantees. Fundamental guarantees apply: presumption of innocence, right to defence, right to silence, and the legality of evidence. Coercive measures must be proportionate and judicially authorised where required.
Traps
- Confusing pre-trial detention with a penalty.
- Assuming all evidence is admissible regardless of how it was obtained.
- Mixing the roles of the judge (impartial) and the prosecutor (accusatory).
- Forgetting that attempt may be punishable even where the offence is not completed.
Rule of thumb
For any procedural question, identify the stage (investigation, instruction, trial, appeal) and then the competent organ and required guarantees.
Worked example
A suspect is detained without judicial authorisation beyond the legal limit. The detention is unlawful; the suspect must be released and evidence obtained may be excluded if it breaches fundamental guarantees.